Set aside divorce default judgement

What is the name of your state (only U.S. law)? Virginia

I filed an uncontested divorce in March 2010 and was granted a default judgement on May 2010. My ex filed a motion to set aside the divorce on September 2010. My lawyer and his lawyer got together and we agreed to request the court to set aside the divorce. A motion was filed and the judge required a hearing. We agreed on everithing. What is the likelihood it will get set aside?
We live in Virginia

up, still looking for an answer

The responders here are volunteers. It is Friday night, and you "bumped" your post less than an hour later. What the heck do you expect?!


That aside, nobody can predict what may or may not happen nor can we second guess your attorneys.

I strongly suggest you speak with them.

Proserpina said:

The responders here are volunteers. It is Friday night, and you "bumped" your post less than an hour later. What the heck do you expect?!


That aside, nobody can predict what may or may not happen nor can we second guess your attorneys.

I strongly suggest you speak with them.

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Thanks, both attorneys say there is a good chance, as we both agree. Thanks for your prompt answer

Setting Aside Ruling

Keep in mind, I am a divorce attorney in Tulsa OK...you need to consult a divorce attorney from your region.

In Oklahoma Divorce Court, default divorce's are frowned upon by the court system because a default ruling basically says 'you win as a matter of right, but only because your spouse did not show up'. This is especially true when there are children involved. The point being, it is very easy for your spouse to set aside a default divorce.

In your case, you and your spouse mutually agreed on the issues, appeared in front of the Judge, and the Judge finalized the divorce. The final ruling is very unlikely to get set aside because both Parties participated in good faith (I assume you participated in good faith).

the first judgement was by default he did not show up

A final judgment was rendered in your divorce, albeit a default judgment since he was a no-show for the hearings.

Four months after the judgment, you and your ex-husband now agree to have this judgment vacated.

If your ex was properly served notice of the divorce, and he has no compelling reason that was beyond his control for failing to show up for the final hearing, the judgment should not be vacated. If he was represented then as he is now, he has even less of an excuse.

However, you can always get remarried.

Tex78704 said:

A final judgment was rendered in your divorce, albeit a default judgment since he was a no-show for the hearings.

Four months after the judgment, you and your ex-husband now agree to have this judgment vacated.

If your ex was properly served notice of the divorce, and he has no compelling reason that was beyond his control for failing to show up for the final hearing, the judgment should not be vacated. If he was represented then as he is now, he has even less of an excuse.

However, you can always get remarried.

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I am not sure that I agree with you. If they BOTH agree to have a default judgement vacated (and I doubt its for the purpose of staying together, it most likely has to do with other issues in the divorce) I can see no reason why a judge would deny that unless they were beyond the time frame for a default judgement to be challenged.

LdiJ said:

I am not sure that I agree with you. If they BOTH agree to have a default judgement vacated (and I doubt its for the purpose of staying together, it most likely has to do with other issues in the divorce) I can see no reason why a judge would deny that unless they were beyond the time frame for a default judgement to be challenged.

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I stated "should not be granted" on the assumption that he was a no-show for no arguably valid reason, which is the likely case if he was properly served notice of hearings.

However, family courts are more lenient on this, and if they can make a good argument for

■mistake
■inadvertence
■excusable neglect
■fraud

Given most of these are mighty open ended, and if the motion is not contested, then a default judgment might be granted.

matthewingham said:

Keep in mind, I am a divorce attorney in Tulsa OK...you need to consult a divorce attorney from your region.

In Oklahoma Divorce Court, default divorce's are frowned upon by the court system because a default ruling basically says 'you win as a matter of right, but only because your spouse did not show up'. This is especially true when there are children involved. The point being, it is very easy for your spouse to set aside a default divorce.

In your case, you and your spouse mutually agreed on the issues, appeared in front of the Judge, and the Judge finalized the divorce. The final ruling is very unlikely to get set aside because both Parties participated in good faith (I assume you participated in good faith).

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What does DC in OKLAHOMA have to do with VIRGINIA Law?? Why would any LEGITIMATE ATTORNEY advise IRRELEVANT laws to someone?

he did not show up because (so he claims) the papers were send to the wrong address (well maybe if he would have returned my phone calls I would have send them to the right address, he kind of made himself unavailable for a long time)

The lawyers are on agreement to disagree.. He does want to set it aside to get a property settlement and a permanent not contact injuction incorporated into the divorce (which includes me returning property to him, to which I agree)

winter1977 said:

He does want to set it aside to get a property settlement and a permanent not contact injuction incorporated into the divorce (which includes me returning property to him, to which I agree)

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If you're in agreement on issues, you may be going about this the complicated way.

You can simply draft a stipulated agreement and submit it to the court as a modification of the court order.

If you're NOT in agreement on everything, then, of course, you may have to battle it out.

mistoffolees said:

If you're in agreement on issues, you may be going about this the complicated way.

You can simply draft a stipulated agreement and submit it to the court as a modification of the court order.

If you're NOT in agreement on everything, then, of course, you may have to battle it out.

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The lawyers were the one who wnated the petition to be set aside, because if he did not know apparently for lack of proper service, apparently is not valid.
I am not 100% in agreement but I will be honest I dont care. They said this way is cheaper.